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***WON !!!! *** Court claim - Lowell/Lloyds - 27/09/16

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  • ***WON !!!! *** Court claim - Lowell/Lloyds - 27/09/16

    Hello,

    My wife has been chased by Lowell on behalf of Lloyds for an overdraft on an old student account which she hasn't used, paid into, or acknowledged since she left University in 2009, and as best as we can tell, we believe this account to be statute barred.

    Through the process of various house moves etc during this time, she has no record on paper of the original default notice, but she has been badgered by a couple of different DCAs about this account for some time (the first being a company working for Lloyds whilst they still owned the debt). I think Lowell may have purchased the debt from another DCA some time after Lloyds sold it on.

    The particulars are as below:

    Issue Date: 27th September 2016
    Amount approx: £2000
    Claimant: Lowell Portfolio I Ltd
    Solicitor: Lowell Solicitors Limited
    Original Creditor: Lloyds
    Particulars of Claim: Please type out in full excluding names/account numbers

    1) The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds Banking Group PLC under account reference *********** ('the agreement').
    2) The Defendant failed to maintain the required payments and a default notice was served and not compiled with.
    3) The Agreement was later assigned to the Claimant on 17/06/2015 and notice was given to the Defendant.
    4) Despite repeated requests for payment, the sum of £1,658.05 remains due and outstanding.
    And the Claimant claims
    a) The said sum of £1,658.05
    b) Interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum from the date of assignment to the date of issue, accruing at a daily rate of £0.363, but limited to one year, being £132.64
    c) Costs

    Is the debt Statute Barred? We believe so
    List any letters you have sent: None
    Any Other Info:


    I have responded to the claim online stating that we wish to defend the claim. It looks like the next stage would be for me to send a CPR 31.14 letter to Lowell's solicitors (also Lowells) as in this thread:

    http://www.legalbeagles.info/forums/showthread.php?46908-CPR-31-14-Request-for-disclosure-of-specific-information

    Is this correct? Is there anything else I need to do at this stage?

    From what I have read on this (excellent) forum, we should be able to defend the case as Statute Barred (I think I will need some help with the wording for this) and put the onus on Lowell's to prove otherwise?

    Many thanks for any help in advance.
    Tags: None

  • #2
    Re: Court claim - Lowell/Lloyds - 27/09/16

    Just a quick question. The paperwork for this claim is in my wife's previous surname. I have made the acknowledgement of service in her current name, as I felt that this was an official legal process, and I should be upfront about this.

    However, with the letter I am about to send to Lowell's solicitors, should I stick with her previous name, or put her new name? I am almost reluctant to 'update' their records in case they decide to do further digging on her (not that there is any cause for concern here, I just don't want to make anything easier for them).

    Or am I just being overcautious and none of it actually matters?

    Comment


    • #3
      Re: Court claim - Lowell/Lloyds - 27/09/16

      tagging [MENTION=55034]nemesis45[/MENTION] xx
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Re: Court claim - Lowell/Lloyds - 27/09/16

        I have prepared a CPR 31.14 request letter, but I have just noticed that there are two addresses for Lowell on the Claim Form.

        Should I send it to the one marked 'Claimant' (Lowell Portfolio I Ltd, in Leeds)

        or the address labelled 'Address for sending documents and payments (if different)' (Lowell Solicitors Ltd, in Northampton?


        Another anomaly I have just noticed is that the first particular of claim states that 'The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds...', but the Consumer Credit Act 1974 request for original copy of agreement thread states that overdrafts are not covered by the CCA.

        The fact that this relates to an overdraft also isn't mentioned, but this debt definitely refers to an OD from a current account.

        Should I send a CCA request letter too?
        Last edited by whitevinyl; 4th October 2016, 19:52:PM. Reason: Additional information/question

        Comment


        • #5
          Re: Court claim - Lowell/Lloyds - 27/09/16

          Does anyone have any idea about my questions (particularly the address) as I need to send the CPR 31.14 letter today.

          Comment


          • #6
            Re: Court claim - Lowell/Lloyds - 27/09/16

            CPR to solicitors. (No fee)
            Keep a copy & get proof of postage
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Court claim - Lowell/Lloyds - 27/09/16

              If the PoC states the agreement is regulated, send the CCA request. (If they've messed up, that's down to them! :tinysmile_twink_t2
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Court claim - Lowell/Lloyds - 27/09/16

                Originally posted by whitevinyl View Post
                I have prepared a CPR 31.14 request letter, but I have just noticed that there are two addresses for Lowell on the Claim Form.

                Should I send it to the one marked 'Claimant' (Lowell Portfolio I Ltd, in Leeds)

                or the address labelled 'Address for sending documents and payments (if different)' (Lowell Solicitors Ltd, in Northampton?


                Another anomaly I have just noticed is that the first particular of claim states that 'The defendant entered into a Consumer Credit Act 1974 regulated agreement with Lloyds...', but the Consumer Credit Act 1974 request for original copy of agreement thread states that overdrafts are not covered by the CCA.

                The fact that this relates to an overdraft also isn't mentioned, but this debt definitely refers to an OD from a current account.

                Should I send a CCA request letter too?
                The CPR Request is sent to Lowells Solicitors using the address given on the claim form.

                The CCA Request goes to the creditor Lowells to the address given on the claim form. If the Claimant says the agreement was regulated by the CCA then there's no need to change their perception of things.

                Di

                Comment


                • #9
                  Re: Court claim - Lowell/Lloyds - 27/09/16

                  Originally posted by charitynjw View Post
                  If the PoC states the agreement is regulated, send the CCA request. (If they've messed up, that's down to them! :tinysmile_twink_t2
                  Snap. Our posts crossed

                  Di

                  Comment


                  • #10
                    Re: Court claim - Lowell/Lloyds - 27/09/16

                    Originally posted by charitynjw View Post
                    If the PoC states the agreement is regulated, send the CCA request. (If they've messed up, that's down to them! :tinysmile_twink_t2
                    Brilliant, thanks for the help. I'll get both letters sent off today.

                    What are the possible consequences for Lowell's claiming this as a CCA? I presume this is an error on their part?

                    Comment


                    • #11
                      Re: Court claim - Lowell/Lloyds - 27/09/16

                      Originally posted by whitevinyl View Post
                      What are the possible consequences for Lowell's claiming this as a CCA? I presume this is an error on their part?
                      It could be an error but they have an even bigger problem if the debt is Statute Barred as you state in your first post.

                      I would start work on proving that to yourself. Dig out old bank statements etc to be certain. The Claimant has to prove it isn't SB but you need to be ready for any 'evidence' they provide to say it's not.

                      My firm always suggests sending SAR to the original creditor immediately on receipt of any claim. That way you'll have the full history of the account which can be most useful if a Claimant produces iffy reconstituted documents. A SAR can take up to 40 days which is too late for information to help file a Defence but if the claim proceeds to Trial you should have it in time for your WS.

                      Di

                      Comment


                      • #12
                        Re: Court claim - Lowell/Lloyds - 27/09/16

                        Thanks Di, all information is helpful at this point!

                        My wife definitely doesn't have any of the original paperwork, but I did see others put in a request with the bank. I think we'll try and visit the bank this weekend and put a request in for the information.

                        Comment


                        • #13
                          Re: Court claim - Lowell/Lloyds - 27/09/16

                          Originally posted by whitevinyl View Post
                          I think we'll try and visit the bank this weekend and put a request in for the information.
                          For a SAR to be valid it has to be in writing including the £10 statutory fee.

                          If you make a personal visit to your branch be careful of what you say. If they think you require the info for a court claim they may flag up something nasty on your current bank account.

                          Best to leave this task to Postman Pat

                          Di

                          Comment


                          • #14
                            Re: Court claim - Lowell/Lloyds - 27/09/16

                            Ok, Di, thanks for the advice. I will locate a template on this site and send it asap.

                            Comment


                            • #15
                              Re: Court claim - Lowell/Lloyds - 27/09/16

                              Originally posted by whitevinyl View Post
                              Ok, Di, thanks for the advice. I will locate a template on this site and send it asap.
                              http://www.legalbeagles.info/forums/...ur-information
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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